22042 Matheson Ave_Approval to PC Pkg_2018.12.17

From:Minnich, Carolyn
To:Gerald L. Pouncey Jr. ([e-mail]); [e-mail]; Stephen A. McCullers
Cc:michael scott; Nicholson, Bruce; Wahl, Tracy; Leonard, Laura; Samuel Watson ([e-mail]);
Liggins, Shirley; Day, Collin ([e-mail]); Jesneck, Charlotte
Subject:22042 Matheson Ave II Approval to PC
Date:Monday, December 17, 2018 12:03:00 PM
Attachments:22042 Matheson Ave_Approval to PC Pkg_2018.12.14.pdf22042_Matheson Ave _NI_2018.12.14.docx22042_Matheson Ave_SNI 2018.12.14.docx
Dear Mr. Pouncey and Mr. Fitzpatrick:
Based on acceptance by the Prospective Developer of drafts of all four required brownfields
documents -- the Notice of Intent to Redevelop a Brownfields Property (NI), Summary of Notice ofIntent to Redevelop a Brownfields Property (SNI), Notice of Brownfields Property (NBP) and theBrownfields Agreement (Exhibit A to the NBP) -- and DEQ's approval of the plat component of the
NBP, Prospective Developer may now proceed to the tasks required by NCGS § 130.310.34(a) in
connection with the required public notice and comment period of at least 30 days regarding thesubject brownfields project.  Those tasks are as follows:
1.  Publish the approved SNI in a newspaper of general circulation serving the area in which the
brownfields property is located, 2.  Conspicuously post a copy of the SNI at the brownfields property, 3.  Mail or deliver the SNI to each owner of property contiguous to the brownfields property,
4.  Provide a copy of the full NI to the local location where it will be available for public review as
stated in the SNI, and   5.  Provide a copy of the full NI, consisting of the one-page NI and the NBP with its three exhibits(the Brownfields Agreement, the survey plat, and the legal description), to all local governments
having jurisdiction over the brownfields property.
Pursuant to NCGS § 130.310.34.(b), the public comment period shall begin following completion ofthe above tasks. The NI and SNI, with a date filled in representing our belief as to how long itwill take you to complete those tasks by December 21, 2018, are attached hereto.  The comment
period shall not end any sooner than 30 days after you complete the tasks.
NCGS § 130.310.34(b) also requires the Prospective Developer to submit documentation of thepublic notices to DEQ prior to DEQ entering into a Brownfields Agreement.   That documentation
shall be submitted by promptly providing to me, preferably at [e-mail] or at
Brownfields Program, 1646 Mail Service Center, Raleigh, NC 27699-1646, the following:  
· Affidavit of publication of the SNI from the newspaper or a copy of the SNI published in the
newspaper which shows the name of the newspaper and the date of publication,
· Photos of the SNI posted at the site, one close up to show the wording and one far enough to
show the posting location relative to the property,
· Copies of the cover letters and copies of the mailing receipts stamped by the post office or
copies of the delivery service receipts for the SNI sent to contiguous property owners,
· A letter confirming receipt of the full NI from each local government entity and the entity
where the document will be available for viewing or delivery confirmation from the carrierconfirming such receipt by these entities.

Thank you for your attention to these matters.  If you have any questions or require additional
information, you may contact me.

22042-18-060/Matheson Ave (Draft 2018.12.14)

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Site Name: Matheson Ave II Brownfields Project Number: 22042-18-060

Pursuant to NCGS § 130A-310.34, BP NODA, LLC, as Prospective Developer, has filed with
the North Carolina Department of Environmental Quality (“DEQ”) a Notice of Intent to Redevelop a
Brownfields Property (“Property”) in Charlotte, Mecklenburg County, North Carolina. The
Brownfields Property comprises two parcels totaling 8.33 acres and located at 2710 Chick Godley
Road. The Brownfields Property is currently vacant, undeveloped land bisected by Little Sugar Creek
which has created low lying flood plains between the two parcels. The flood plain associated with
Little Sugar Creek is not included in the Brownfields Property. The flood plain area will be owned and
maintained by the City of Charlotte. Environmental contamination exists on the Brownfields Property
in groundwater due to offsite and upgradient releases. BP NODA, LLC has committed itself to
redevelop the Brownfields Property for: high density multi-family residential, retail, office, and with
prior written DEQ approval, other commercial uses on the Brownfields Property. The Notice of Intent
to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ
and BP NODA, LLC, which in turn includes (a) a map showing the location of the Property, (b) a
description of the contaminants involved and their concentrations in the media of the Property, (c) the
above-stated description of the intended future use of the Brownfields Property, and (d) proposed
investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in
accordance with NCGS § 130A-310.35.

The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the
Charlotte-Mecklenburg Public Library, Robinson-Spangler Carolina Room, 310 North Tryon Street,
Charlotte, NC 28202, [phone];; or at the offices of the N.C. Brownfields Program, 217 West
Jones Street, Raleigh, NC or by contacting Shirley Liggins at that address, at
[e-mail], or at [phone]. The full Notice of Intent may also be viewed online
at the DEQ public record database, Laserfiche, by entering the project number 22042-18-060 into the
search bar at the following web address: http://edocs.deq.nc.gov/WasteManagement.
Written public comments may be submitted to DEQ within 30 days after the latest of the
following dates: the date this Notice is (1) published in a newspaper of general circulation serving the
area in which the Brownfields Property is located, (2) conspicuously posted at the Brownfields
Property, and (3) mailed or delivered to each owner of property contiguous to the Brownfields
Property. Written requests for a public meeting may be submitted to DEQ within 21 days after the
period for written public comments begins. Those periods will start no sooner than December 21,
2018, and will end on the later of: a) 30 and 21 days, respectively, after that; or b) 30 and 21 days,
respectively, after completion of the latest of the three (3) above-referenced dates. All public
comments and public meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality 1646 Mail Service Center Raleigh, North Carolina 27699-1646
22042-18-060/Matheson Ave (Draft 2018.12.04)
NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Matheson Ave II Brownfields Project Number: 22042-18-060
North Carolina’s Brownfields Property Reuse Act (the “Act”), North Carolina General Statutes
(“NCGS”) § 130A-310.30 through 130A-310.40, provides for the safe redevelopment of properties that may
have been or were contaminated by past industrial and commercial activities. One of the Act’s
requirements is this Notice of Intent to Redevelop a Brownfields Property approved by the North Carolina
Department of Environmental Quality (“DEQ”). See NCGS § 130A-310.34(a). The Notice of Intent must
provide, to the extent known, a legal description of the location of the brownfields property, a map showing
the location of the Brownfields Property, a description of the contaminants involved and their
concentrations in the media of the Brownfields Property, a description of the intended future use of the
Brownfields Property, any proposed investigation and remediation, and a proposed Notice of Brownfields
Property prepared in accordance with NCGS § 130A-310.35. The party (”Prospective Developer”) who
desires to enter into a Brownfields Agreement with DEQ must provide a copy of this Notice to all local
governments having jurisdiction over the Brownfields Property. The proposed Notice of Brownfields
Property for a particular brownfields project is attached hereto; the proposed Brownfields Agreement,
which is attached to the proposed Notice of Brownfields Property as Exhibit A, contains the other required
elements of this Notice. Written public comments may be submitted to DEQ within 30 days after the latest
of the following dates: the date the required summary of this Notice is (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located, (2) conspicuously posted
at the Brownfields Property, and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written requests for a public meeting may be submitted to DEQ within 21 days
after the period for written public comments begins. Those periods will start no sooner than December 21,
2018, and will end on the later of: a) 30 and 21 days, respectively, after that; or b) 30 and 21 days,
respectively, after completion of the latest of the three (3) above-referenced dates. All comments and
meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center
Raleigh, North Carolina 27699-1646

22042-18-060/Matheson Ave (Draft 2018.12.13)
1

Property Owner: BP NODA, LLC Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____
NOTICE OF BROWNFIELDS PROPERTY
Site Name: Matheson Ave II Brownfields Project Number: 22042-18-060 This documentary component of a Notice of Brownfields Property (“Notice”), as
well as the plat component, have been filed this _____ day of __________________, 201__
by BP NODA, LLC (“Prospective Developer”). This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental
Quality (“DEQ”) is required to be filed in the Register of Deeds’ Office in the county or counties in which the land is located, pursuant to North Carolina General Statutes (“NCGS”), § 130A-310.35(b).
This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate
the danger to public health or the environment posed by environmental contamination at a property (“Brownfields Property”) being addressed under the Brownfields Property Reuse Act of 1997, NCGS § 130A, Article 9, Part 5 (“Act”).
Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified
copy of this Notice within 15 days of Prospective Developer’s receipt of DEQ’s approval of the Notice or Prospective Developer’s entry into the Brownfields Agreement required by the Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the grantor index under the names of the owners of the land and, if Prospective Developer
is not the owner, also under the Prospective Developer’s name.

The Brownfields Property is located at 2710 Chick Godley Road and comprises two parcels containing approximately 8.33 acres (Mecklenburg County tax identification numbers 08302101 and 08303115). Little Sugar Creek bisects the two parcels and has created low lying
flood plains. The flood plain associated with Little Sugar Creek is not included in the
Brownfields Property. The flood plain area will be owned and maintained by the City of
22042-18-060/Matheson Ave (Draft 2018.12.14) 2
Charlotte. In the 1970s, fill material was placed on a significant portion of the Brownfields Property. According to information in the environmental reports, the fill dirt was likely imported
from a construction project at Matheson Avenue and 30th Street Bridge, but no official
documentation is available for verification. The Brownfields Property is currently vacant,
undeveloped land adjacent to Little Sugar Creek. BP NODA, LLC intends to redevelop the
Brownfields Property for: high density multi-family residential, retail, office, and with prior written DEQ approval, other commercial uses. The Brownfields Property is surrounded by land
used for industrial, commercial, retail, and residential purposes. Located east of the Brownfields
Property is the Detrex Corporation facility which was also the former Parts Cleaning
Technologies of North Carolina, Inc. (“PCT”). The PCT site is in the DEQ Hazardous Waste
Section (“HWS”) and assigned EPA ID NCD049773245. Groundwater impacts from chlorinated solvents at the Brownfields Property and surrounding area are believed to be attributable to
known impacts from the Detrex facility.

The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as Exhibit A. It sets forth the use that may be made of the Brownfields Property and the measures to be taken to protect public health and the environment, and is required
by NCGS § 130A-310.32. The Brownfields Agreement’s Exhibit 2 consists of one or more
data tables reflecting the concentrations of and other information regarding the Property’s
regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8 1/2" x 11", of the survey
plat component of this Notice. This plat shows areas designated by DEQ, has been
prepared and certified by a professional land surveyor, meets the requirements of NCGS
§ 47-30, and complies with NCGS § 130A-310.35(a)’s requirement that the Notice
identify:
(1) The location and dimensions of the areas of potential environmental concern with
respect to permanently surveyed benchmarks.

(2) The type, location and quantity of regulated substances and contaminants known to exist on the Brownfields Property.

Attached hereto as Exhibit C is a legal description of the Brownfields Property that
would be sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS

NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the
current and future use of the Brownfields Property that are necessary or useful to maintain the
level of protection appropriate for the designated current or future use of the Brownfields Property and that are designated in the Brownfields Agreement. The restrictions shall remain
in force in perpetuity unless canceled by the Secretary of DEQ (or its successor in
function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS §
130A-310.35(e). All references to DEQ shall be understood to include any successor in function.
22042-18-060/Matheson Ave (Draft 2018.12.14) 3
The land use restrictions below have been excerpted verbatim from paragraph 15 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
a. No use may be made of the Brownfields Property other than for high density
multi-family residential, retail, office, and with prior written DEQ approval, other commercial
uses. For purposes of this restriction, the following definitions apply:
i. “High Density Residential” defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments, group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned
courtyards are prohibited), and shall include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages;
ii. “Retail” defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products;
iii. “Office” defined as the provision of business or professional service;
iv. “Recreation” defined as indoor and outdoor exercise-related, physically
focused, or leisure-related activities, whether active or passive, and the facilities for same, including, but not limited to, studios, swimming pools, sports-related courts and fields, open
space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas;
v. “Open Space” defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, detention facilities for
stormwater;
vi. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same; and
vii. “Commercial” defined as an enterprise carried on for profit by the
owner, lessee or licensee.
b. The Brownfields Property may not be used for child care, adult care centers, or schools without the prior written approval of DEQ. Notwithstanding the foregoing, a business
enterprise is allowed to offer short term indoor child care that is ancillary to the business’
principle use (such as a fitness club or yoga studio) as a service to its customers.
c. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
d. Unless compliance with this Land Use Restriction is waived in writing by DEQ
in advance in regard to particular activity, no activities that encounter, expose, remove or use
groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or
construction or excavation activities that encounter or expose groundwater or surface water) may
occur on the Brownfields Property unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ
22042-18-060/Matheson Ave (Draft 2018.12.14) 4
deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 15.a above while fully protecting public health and the environment. Prior
sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed
for such activities, and submittal of the analytical results to DEQ is required. If such results
reflect contaminant concentrations that exceed the standards and screening levels applicable to
the uses authorized for the Brownfields Property, the groundwater-related activities proposed may only occur in compliance with any written conditions DEQ imposes. Activities may occur
if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 15.a above while fully protecting public
health and the environment.
e. No activity that disturbs soil on the Brownfields Property, may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 15.a above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken and;
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (“EMP”) as outlined in subparagraph 15.j.
f. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in subparagraph 15.j.
g. No enclosed building may be constructed and occupied on the Brownfields
Property until DEQ determines in writing that:
i. the building is or would be protective of the building’s users, public
health and the environment from risk of vapor intrusion based on site assessment data or a site-
specific risk assessment approved in writing by DEQ; or
ii. the building is or would be sufficiently distant from the Brownfields
Property’s groundwater and/or soil contamination based on assessment data approved in writing
by DEQ that the building’s users, public health and the environment will be protected from risk
from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are installed and/or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal on a report that includes photographs and a description of the
installation and performance of said measures. Any design specification for vapor intrusion
mitigation measures shall be approved in writing by DEQ in advance of installation and/or
implementation of said measures. The design specifications shall include methodology(ies) for demonstrating performance of said measures.
22042-18-060/Matheson Ave (Draft 2018.12.14) 5
h. Prior to occupancy or opening the Brownfields Property for any on-site activities, Prospective Developer, or the then owner of the Brownfields Property, shall 1) install
an access control barrier along the entire bank of Little Sugar Creek and all unnamed tributaries
on the Brownfields Property, and 2) submit a written report that details the construction and
installation of the access control barrier, which report shall be subject to DEQ’s written
satisfaction. The barrier shall be constructed of fencing and/or another material approved by DEQ in advance, and shall be permanently maintained and annually inspected. A letter report of
the annual barrier inspection shall be included with the Land Use Restriction Update required by
subparagraph 15.q, below.
i. Any and all creek restoration activities conducted on the Brownfields Property
shall be implemented in accordance with requirements imposed by the United States Army Corps of Engineers and/or the North Carolina Division of Water Quality.
j. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved
in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
paragraph 8 above or in Exhibit 2;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment;
k. Within 90 days after each one-year anniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval
on environment-related activities since the last report, with a summary and drawings, that
describes:
i. actions taken on the Brownfields Property in accordance with Section
V: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
22042-18-060/Matheson Ave (Draft 2018.12.14) 6
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
l. Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
m. Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the
Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall
be sent to the persons listed in Section XV (Notices and Submissions), though financial figures
and other confidential information related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina
Public Records Law. The owner may use the following mechanisms to comply with the
obligations of this subparagraph: (i) If every lease and rider is identical in form, the owner
conveying an interest may provide DEQ with copies of a form lease or rider evidencing
compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions); or (ii) The owner conveying an interest
may provide abstracts of leases, rather than full copies of said leases, to the persons listed in
Section XV.
n. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except in de minimis quantities for cleaning and other routine
housekeeping and maintenance activities.
o. Within 30 days prior to land disturbance activities that will impact existing
groundwater monitoring wells, injection wells, recovery wells, piezometers and other man-made
points of groundwater access at the Brownfields Property, Prospective Developer shall notify
DEQ that it is ready to effect the abandonment of those wells that are located in the area of land
disturbance, in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Unless DEQ notifies
Prospective Developer within 10 days of receiving such notification to refrain from such
abandonment, Prospective Developer shall, on a schedule acceptable to DEQ, effect said
abandonment and, within 30 days after doing so, provide DEQ a report, subject to DEQ
approval, setting forth the procedures and results.
p. The owner of any portion of the Brownfields Property where a subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants
shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time
22042-18-060/Matheson Ave (Draft 2018.12.14) 7
period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance.

q. During January of each year after the year in which the Notice referenced
below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner [or board, association or approved entity] submitting the
LURU if said owner [or each of the owners on whose behalf the joint LURU is submitted]
acquired any part of the Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address, if said owner [or each of the owners on whose behalf the joint LURU is submitted] transferred any part of the Brownfields Property during
the previous calendar year [for properties covered under a joint LURU, this portion is not
required];
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.g above are performing as designed, and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how.
iv. whether any creek barrier and/or fencing systems installed pursuant to
subparagraph 15.h above remain and restrict access as designed, and whether the area has
changed, and, if so, how.
v. A LURU submitted for rental units shall include the rent roll and
enough of each lease entered into during the previous calendar year to demonstrate compliance
with lessee notification requirements in paragraphs 21 and 22 of this agreement provided that if
standard form leases are used in every instance, a copy of such standard form lease may be sent
in lieu of copies of actual leases.
vi. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the name, mailing address, telephone and
facsimile numbers, and contact person’s e-mail address of the entity submitting the joint LURU
as well as for each of the owners on whose behalf the joint LURU is submitted. For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ official referenced in subparagraph 35.a. of Exhibit A hereto, at the address
stated therein.
ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
22042-18-060/Matheson Ave (Draft 2018.12.14) 8
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to
enforcement by DEQ to the full extent of the law. Failure by any party required or authorized to
enforce any of the above restrictions shall in no event be deemed a waiver of the right to do so
thereafter as to the same violation or as to one occurring prior or subsequent thereto. FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS

When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
brownfields property under the Brownfields Property Reuse Act.

IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this _____ day of _______________, 201__.

BP NODA, LLC
By: __________________________________________
R. Brand Morgan, Manager

_______________ COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: ___________________________________.
Date: ___________________ ___________________________________ Official Signature of Notary

___________________________________
(Official Seal) Notary’s printed or typed name, Notary Public
My commission expires: _____________________

22042-18-060/Matheson Ave (Draft 2018.12.14) 9
************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality

By: ____________________________________________ ________________________
Michael E. Scott Date Director, Division of Waste Management

1
22042-18-060/Matheson Ave II (DRAFT 20181214)
EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

IN THE MATTER OF: BP NODA, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Matheson Ave II
OF 1997, NCGS § 130A-310.30, et seq. ) 2710 Chick Godley Road
Brownfields Project No 22042-18-060 ) Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and BP NODA, LLC (collectively the “Parties”)
pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et seq. (the
“Act”) for the property located at 2710 Chick Godley Road, Charlotte, Mecklenburg County (the
“Brownfields Property”). A map showing the location of the Brownfields Property that is the
subject of this Agreement is attached hereto as Exhibit 1.
BP NODA, LLC is a Georgia limited liability company formed on June 4, 2018 and
registered to transact business in North Carolina on July 13, 2018. BP NODA, LLC is managed
by R. Brand Morgan. BP NODA, LLC, through its authorized signatory below, hereby accepts
joint and several liability solely in connection with the obligations of Prospective Developer as
set forth in this Agreement. The address of BP NODA, LLC’s point of contact for purposes of
this Agreement is Dan Fitzpatrick, Brand Properties, 3328 Peachtree Rd NE, Suite 100, Atlanta,
Georgia 30326. The Brownfields Property that is the subject of this Agreement is two parcels
and approximately 8.33 acres (Mecklenburg County tax identification numbers 08302101 and
08303115). The Brownfields Property is currently vacant, undeveloped land adjacent to Little
Sugar Creek. BP NODA, LLC intends to redevelop the Brownfields Property for: high density
multi-family residential, retail, office, and with prior written DEQ approval, other commercial
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uses. The Brownfields Property is surrounded by land used for industrial, commercial, retail,
and residential. Groundwater is contaminated at the Brownfields Property due to offsite and
upgradient releases.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section VIII (Certification), Section IX (DEQ’s Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer’s Covenant Not to Sue), the
potential liability of BP NODA, LLC for contaminants at the Brownfields Property.
The Parties agree that BP NODA, LLC’s entry into this Agreement, and the actions
undertaken by BP NODA, LLC in accordance with the Agreement, do not constitute an
admission of any liability by BP NODA, LLC for contaminants at the Brownfields Property.
The resolution of this potential liability, in exchange for the benefit BP NODA, LLC shall
provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. “Brownfields Property” shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. “Prospective Developer” shall mean BP NODA, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises two parcels totaling 8.33 acres. Prospective
Developer has committed itself to redevelopment for no uses other than high density multi-
family residential, retail, office, and with prior written DEQ approval, other commercial uses.
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4. The Brownfields Property is bordered to the north by Little Sugar Creek and land used
for industrial/commercial purposes specifically Global Recycling, Inc salvage yard; Little Sugar
Creek also bisects a portion of the Brownfields Property flowing to the southwest; to the east by
Derita Creek Branch, undeveloped land and a former INX Facility, the PCT/Detrex Site and land
used for industrial purposes; to the south by Norfolk Southern AT&O Railroad, the Charlotte
Area Transit Systems (“CATS”) Blue Line Light Rail and Yards at NoDa, LLC apartment
complex; and to the west by Matheson Ave, Little Sugar Creek, and land used for industrial
purposes.
5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the “Environmental Reports,” regarding the Brownfields Property:
Title Prepared by Date of Report
Soil Gas Assessment Report
Property at Chick Godley Rd &
Matheson Avenue
APEX Companies, LLC October 30, 2018
Limited Phase II
Environmental Site Assessment
Vacant Property at Chick Godley Rd SE Matheson Ave & N Tryon St
APEX Companies, LLC November 2017
Limited Phase II
Environmental Site Assessment Matheson Parcels
Hart & Hickman, PC December 5, 2014
Phase I Environmental Site Assessment
2710 Chick Godley Rd & E 31st St
Hart & Hickman, PC November 10, 2014
Environmental Screening Inspection
Matheson Parcel
Resolve Environmental
Services
July 2004
Environmental Screening Inspection
East 31st Parcel
Resolve Environmental
Services
October 2005

6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:
a. The Brownfields Property is vacant and historically undeveloped. Little Sugar
Creek bisects the two parcels and has created low lying flood plains between the two parcels of
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the Brownfields Property. There are Duke Energy aboveground utility lines running parallel to
Little Sugar Creek in the Creek’s flood plain. The flood plain associated with Little Sugar Creek
is not in the Brownfields Property footprint. The flood plain area will be owned and maintained
by the City of Charlotte.
b. In the 1970s, fill material was placed on a significant portion of the
Brownfields Property. According to the interviews in the environmental reports, the fill dirt was
likely imported from a construction project at Matheson Avenue and 30th Street Bridge, but no
official documentation is available for verification.
c. First Industrial B&L, LLC purchased the Brownfields Property on November
16, 2004. On July 28, 2015, they sold the Brownfields Property to NODA Exchange, LLC, who
currently owns the Brownfields Property.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. The Brownfields Property is undeveloped wooded land. Regulated substances
do not appear to have been used or stored on the Brownfields Property. Impacts are from
upgradient operations and impacts from Little Sugar Creek. Additional impacts may stem from
the fill material placed on the Brownfields Property in the 1970s.
b. Located upgradient and to the East, at 3114 and 3124 Cullman Avenue in
Charlotte, is the Detrex Corporation facility which was also the former Parts Cleaning
Technologies of North Carolina, Inc. (“PCT”). The PCT site is in the DEQ Hazardous Waste
Section (“HWS”) and assigned EPA ID NCD049773245. A few years ago, PCT accepted more
hazardous waste than its permit allowed and did not properly dispose of the waste within the
allowable hold times. In March 2014, DEQ issued a Notice of Violation (“NOV”) for exceeding
the permitted storage capacity and hold times. On July 7, 2014, PCT was evicted from the
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Cullman Ave Detrex facility, but hazardous and non-hazardous waste was left behind. On
August 19, 2015, investigators obtained and executed a warrant for the Detrex facility. DEQ
HWS is working with previous owners to address the environmental impacts resulting from
activities conducted at PCT. The former employees of PCT are being prosecuted in the US
District Court for Western District of North Carolina Charlotte Division (Case # 3:17-cr-00136-
MOC-DSC) filed on May 17, 2017. Surface water and groundwater impacts from chlorinated
solvents at the Brownfields Property and surrounding area are likely attributable to known
impacts from the Detrex facility.
c. Queen City Metal Recycling is located to the north of the Brownfields Property
at 2800 North Tryon Street. According to Environmental Reports, during a November 2017
investigation, pooled oil was observed at a stormwater discharge point near the southern
boundary of that facility adjacent to the Little Sugar Creek corridor. Surface water and
groundwater impacts may result from adjacent operations.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred in September 2018. The tables set forth in Exhibit 2 to this
Agreement present contaminants present at the Brownfields Property above applicable standards
or screening levels for each media sampled.
a. Prior to Prospective Developer’s acquisition of the Brownfields Property, the
following two constituents were detected in groundwater at the Brownfields Property in excess
of the standards set forth in Title 15A of the North Carolina Administrative Code, Subchapter
2L, Rule .0202 (2L standard): bis(2-Ethylhexyl)phthalate was estimated at a concentration of 3.2
µg/L and the 2L standard is 3 µg/L. Bis(2-Ethylhexyl)phthalate is a common laboratory artifact,
and this compound was also detected in the method blank. Chromium was detected at a
concentrations of 35 µg/L and the 2L standard is 10 µg/L. The sample identified with the
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chromium exceedance was collected from a temporary groundwater monitoring well and had
high turbidity.
b. Prior to Prospective Developer’s acquisition of the Brownfields Property, the
following constituents were detected in the soil at the Brownfields Property at concentrations
above their respective Residential Preliminary Soil Remediation Goals of the Inactive Hazardous
Sites Branch: benzo(a)pyrene, benzo(b)fluoranthene, arsenic, total chromium, lead, and
manganese. The metal concentrations are consistent across the Brownfields Property and are
considered naturally occurring to the surrounding area except for SOIL-1-112117 surface soil
sample (0 to 0.5 feet below ground surface) for arsenic and SOIL-2 (0 to 1 foot below ground
surface) for lead. The constituent concentrations are listed in Exhibit 2 to this Agreement.
c. Following Prospective Developer’s entry into a purchase agreement for the
Brownfields Property and submittal of a Brownfield Property Application, Prospective
Developer conducted soil gas sampling in accordance with a request from the Brownfields
Program for additional environmental assessment. Analytical results indicated no compounds
were detected in soil gas at concentrations above their respective Residential Vapor Intrusion
Screening Levels (NCDEQ February 2018).
d. Surface water samples were collected from Little Sugar Creek on November
24, 2017. Concentrations of petroleum related VOCs and chlorinated VOCs were detected
above Title 15A of the North Carolina Administrative Code, Subchapter 2B. However, Little
Sugar Creek and the surrounding flood plain are not within the Brownfields Property footprint.
e. One or more data tables reflecting the concentrations of historical soil and
groundwater concentrations at the Brownfields Property and other information regarding the
Brownfield Property’s contaminants appear in Exhibit 2 to this Agreement.
9. For purposes of this Agreement DEQ relies on Prospective Developer’s
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representations that Prospective Developer’s involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (“BPA”) dated June 19, 2018.
Prospective Developer contracted to purchase the Brownfields Property on May 9, 2018.
10. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer’s reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
11. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
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310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. development of vacant land into a beneficial public use;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of hundreds of construction jobs; 15 full time employees during
redevelopment and approximately 5 full time jobs post-development;
d. an increase in tax revenue for affected jurisdictions;
e. additional residential space for the area;
f. expanded use of public transportation which reduces traffic, improves air
quality, and reduces our carbon footprint; and
g. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).
V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
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Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ’s Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation that may be required pursuant to a DEQ-approved Environmental Management Plan
(“EMP”) or Living Environmental Management Plan (“LEMP”) required by this Section.
15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for high density
multi-family residential, retail, office, and with prior written DEQ approval, other commercial
uses. For purposes of this restriction, the following definitions apply:
i. “High Density Residential” defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned
courtyards are prohibited), and shall include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages;
ii. “Retail” defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products;
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iii. “Office” defined as the provision of business or professional service;
iv. “Recreation” defined as indoor and outdoor exercise-related, physically
focused, or leisure-related activities, whether active or passive, and the facilities for same,
including, but not limited to, studios, swimming pools, sports-related courts and fields, open
space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas;
v. “Open Space” defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, detention facilities for
stormwater;
vi. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same; and
vii. “Commercial” defined as an enterprise carried on for profit by the
owner, lessee or licensee.
b. The Brownfields Property may not be used for child care, adult care centers, or
schools without the prior written approval of DEQ. Notwithstanding the foregoing, a business
enterprise is allowed to offer short term indoor child care that is ancillary to the business’
principle use (such as a fitness club or yoga studio) as a service to its customers.
c. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
d. Unless compliance with this Land Use Restriction is waived in writing by DEQ
in advance in regard to particular activity, no activities that encounter, expose, remove or use
groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or
construction or excavation activities that encounter or expose groundwater or surface water) may
occur on the Brownfields Property unless and until DEQ states in writing, in advance of the
proposed activity, that said activity may occur if carried out along with any measures DEQ
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deems necessary to ensure the Brownfields Property will be suitable for the uses specified in
subparagraph 15.a above while fully protecting public health and the environment. Prior
sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed
for such activities, and submittal of the analytical results to DEQ is required. If such results
reflect contaminant concentrations that exceed the standards and screening levels applicable to
the uses authorized for the Brownfields Property, the groundwater-related activities proposed
may only occur in compliance with any written conditions DEQ imposes. Activities may occur
if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 15.a above while fully protecting public
health and the environment.
e. No activity that disturbs soil on the Brownfields Property, may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 15.a above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken and;
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (“EMP”) as outlined in subparagraph 15.j.
f. Soil may not be removed from, or brought onto, the Brownfields Property
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without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in subparagraph 15.j.
g. No enclosed building may be constructed and occupied on the Brownfields
Property until DEQ determines in writing that:
i. the building is or would be protective of the building’s users, public
health and the environment from risk of vapor intrusion based on site assessment data or a site-
specific risk assessment approved in writing by DEQ; or
ii. the building is or would be sufficiently distant from the Brownfields
Property’s groundwater and/or soil contamination based on assessment data approved in writing
by DEQ that the building’s users, public health and the environment will be protected from risk
from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are installed and/or implemented
to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal on a report that includes photographs and a description of the
installation and performance of said measures. Any design specification for vapor intrusion
mitigation measures shall be approved in writing by DEQ in advance of installation and/or
implementation of said measures. The design specifications shall include methodology(ies) for
demonstrating performance of said measures.
h. Prior to occupancy or opening the Brownfields Property for any on-site
activities, Prospective Developer, or the then owner of the Brownfields Property, shall 1) install
an access control barrier along the entire bank of Little Sugar Creek and all unnamed tributaries
on the Brownfields Property, and 2) submit a written report that details the construction and
installation of the access control barrier, which report shall be subject to DEQ’s written
satisfaction. The barrier shall be constructed of fencing and/or another material approved by
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DEQ in advance, and shall be permanently maintained and annually inspected. A letter report of
the annual barrier inspection shall be included with the Land Use Restriction Update required by
subparagraph 15.q, below.
i. Any and all creek restoration activities conducted on the Brownfields Property
shall be implemented in accordance with requirements imposed by the United States Army
Corps of Engineers and/or the North Carolina Division of Water Quality.
j. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved
in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
paragraph 8 above or in Exhibit 2;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment;
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k. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval
on environment-related activities since the last report, with a summary and drawings, that
describes:
i. actions taken on the Brownfields Property in accordance with Section
V: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
l. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
m. Any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: “This property is subject to the Brownfields
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Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the
Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall
be sent to the persons listed in Section XV (Notices and Submissions), though financial figures
and other confidential information related to the conveyance may be redacted to the extent said
redactions comply with the confidentiality and trade secret provisions of the North Carolina
Public Records Law. The owner may use the following mechanisms to comply with the
obligations of this subparagraph: (i) If every lease and rider is identical in form, the owner
conveying an interest may provide DEQ with copies of a form lease or rider evidencing
compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notice and Submissions); or (ii) The owner conveying an interest
may provide abstracts of leases, rather than full copies of said leases, to the persons listed in
Section XV.
n. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except in de minimis quantities for cleaning and other routine
housekeeping and maintenance activities.
o. Within 30 days prior to land disturbance activities that will impact existing
groundwater monitoring wells, injection wells, recovery wells, piezometers and other man-made
points of groundwater access at the Brownfields Property, Prospective Developer shall notify
DEQ that it is ready to effect the abandonment of those wells that are located in the area of land
disturbance, in accordance with Subchapter 2C of Title 15A of the North Carolina
Administrative Code, unless an alternate schedule is approved by DEQ. Unless DEQ notifies
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Prospective Developer within 10 days of receiving such notification to refrain from such
abandonment, Prospective Developer shall, on a schedule acceptable to DEQ, effect said
abandonment and, within 30 days after doing so, provide DEQ a report, subject to DEQ
approval, setting forth the procedures and results.
p. The owner of any portion of the Brownfields Property where a subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants
shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time
period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing
by DEQ in advance.
q. During January of each year after the year in which the Notice referenced
below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the owner [or board, association or approved entity] submitting the
LURU if said owner [or each of the owners on whose behalf the joint LURU is submitted]
acquired any part of the Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address, if said owner [or each of the owners on whose
behalf the joint LURU is submitted] transferred any part of the Brownfields Property during
the previous calendar year [for properties covered under a joint LURU, this portion is not
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required];
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.g above are performing as designed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how.
iv. whether any creek barrier and/or fencing systems installed pursuant to
subparagraph 15.h above remain and restrict access as designed, and whether the area has
changed, and, if so, how.
v. A LURU submitted for rental units shall include the rent roll and
enough of each lease entered into during the previous calendar year to demonstrate compliance
with lessee notification requirements in paragraphs 21 and 22 of this agreement provided that if
standard form leases are used in every instance, a copy of such standard form lease may be sent
in lieu of copies of actual leases.
vi. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the name, mailing address, telephone and
facsimile numbers, and contact person’s e-mail address of the entity submitting the joint LURU
as well as for each of the owners on whose behalf the joint LURU is submitted.
16. The desired result of the above-referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in the Agreement while fully protecting
public health and the environment.
17. The guidelines, including parameters, principles and policies within which the
desired results are to be accomplished are, as to field procedures and laboratory testing, the
Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section and the Division
of Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
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18. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.l above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the
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Mecklenburg County, North Carolina, Register of Deeds’ Office. Within three (3) days
thereafter, Prospective Developer shall furnish DEQ a copy of the documentary component of
the Notice containing a certification by the register of deeds as to the Book and Page numbers
where both the documentary and plat components of the Notice are recorded, and a copy of the
plat with notations indicating its recordation.
21. This Agreement shall be attached as Exhibit A to the Notice of Brownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Brownfields Property shall contain the following notice: “This property is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property
recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the
North Carolina Public Records Law. Prospective Developer may use the following mechanisms
to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XV.
22. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
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VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 35.a. below
of any such required notification.
VIII. CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated June 19, 2018, by which it applied for this
Agreement. That use is high density multi-family residential, retail, office, and with prior
written DEQ approval, other commercial uses. Prospective Developer also certifies that to the
best of its knowledge and belief it has fully and accurately disclosed to DEQ all information
known to Prospective Developer and all information in the possession or control of its officers,
directors, employees, contractors and agents which relates in any way to any past use of
regulated substances or known contaminants at the Brownfields Property and to its qualification
for this Agreement, including the requirement that it not have caused or contributed to the
21
22042-18-060/Matheson Ave II (DRAFT 20181214)
contamination at the Brownfields Property.
IX. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
22
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new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
26. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
27. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
23
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as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
X. PROSPECTIVE DEVELOPER’S COVENANT NOT TO SUE
29. In consideration of DEQ’s Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above-referenced Notice of Brownfields Property.
XI. PARTIES BOUND
30. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party’s signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XII. DISCLAIMER
31. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
32. Except for the land use restrictions set forth in paragraph 15 above and NCGS §
130A-310.33(a)(1)-(5)’s provision of the Act's liability protection to certain persons to the same
24
22042-18-060/Matheson Ave II (DRAFT 20181214)
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT RETENTION
33. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XIV. PAYMENT OF ENFORCEMENT COSTS
34. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section V (Work to be Performed), it shall be
liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement
25
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or otherwise obtain compliance.
XV. NOTICES AND SUBMISSIONS
35. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first class U.S. mail, as follows:
a. for DEQ:
Carolyn Minnich (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646 Raleigh, NC 27699-1646

b. for Prospective Developer:

Dan Fitzpatrick (or successor in function) BP NODA LLC
3328 Peachtree Road, NE Suite 100
Atlanta, GA 30326

With copy to:
Gerald Pouncey
Morris, Manning & Martin LLP
1600 Atlanta Financial Center
3343 Peachtree Road, NE Atlanta, GA 30326-1044

Notices and submissions sent by prepaid first class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVI. EFFECTIVE DATE
36. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ’s approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
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22042-18-060/Matheson Ave II (DRAFT 20181214)
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in N.C.G.S. § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and invalidate its signature on this Agreement.
XVII. TERMINATION OF CERTAIN PROVISIONS
37. If any Party believes that any or all of the obligations under Section VI
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
38. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
39. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
40. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
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XIX. PUBLIC COMMENT
41. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.

IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By:
____________________________________________________________________________
Michael E. Scott Date
Director, Division of Waste Management
IT IS SO AGREED:
BP NODA, LLC
By:
____________________________________________________________________________
R. Brand Morgan Date Manager

USGS The National Map: National Boundaries Dataset, 3D Elevation Program,Geographic Names Information System, National Hydrography Dataset,National Land Cover Database, National Structures Dataset, and NationalTransportation Dataset; U.S. Census Bureau - TIGER/Line
CHECK BY: EW
DRAWN BY: SP
DATE: 11/30/17
SCALE: AS SHOWN
CAD NO.: 510551-001
PRJ NO.: 510551-001
FIGURE
SITE LOCATION MAP
CHICK GODLEY ROAD PROPERTY2710 CHICK GODLEY ROADCHARLOTTE, NORTH CAROLINA
0 1,000 2,000
Feet
1
SITE LOCATION

22042-18/060/Matheson Ave II (DRAFT 20181214)

1
Exhibit 2

The most recent environmental sampling at the Property reported in the Environmental
Reports occurred in September 2018. The following tables set forth, for contaminants present at
the Property above unrestricted use standards or screening levels, the concentration found at each sample location, and the applicable standard or screening level. Screening levels and groundwater
standards are shown for reference only and are not set forth as cleanup levels for purposes of this
Agreement.

GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the
standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):

Groundwater Contaminant Sample Location
Date of
Sampling
Concentration
Exceeding
Standard (µg/L)
Standard
(µg/L)
Bis(2-
Ethylhexyl)phthalate SB-2 11/21/2017 3.2J 3.0
Chromium SB-6 11/21/2017 35 10
SOIL

Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health- Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (February 2018 version):
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentrat
ion
Exceeding Screening
Level
(mg/kg)
Residential
Screening Level1
(mg/kg)
Benzo(a)pyrene
TP-2 1.5-2 11/13/2017 0.73
0.11 SOIL-1
112117 0-0.5 11/21/2017 0.57
Benzo(b)fluoranthene
TP-2 1.5-2 11/13/2017 1.3
1.1 SOIL-1
112117 0-0.5 11/21/2017 1.3

22042-18/060/Matheson Ave II (DRAFT 20181214)

2
Soil
Contaminant
Sample
Location Depth (ft) Date of
Sampling
Concentration
Exceeding
Screening Level (mg/kg)
Residential
Screening
Level1 (mg/kg)
Arsenic2

TP-1 4-5
11/13/2017
4.2
0.68
TP-2 1.5-2 4.1
TP-3 2-2.5 3.4
TP-5 6-7 3.9
TP-6 1.5-2 2.7
SB-3 7.5-10 11/20/2017 3.3
SOIL-1 112117 0-0.5 11/21/2017 19
Soil 1 0-0.5
11/17/2014
1.7
Soil 2 0-1.0 3.9
Soil 3 0-1.5 2.2
Soil 4 0-2.0 1.6
Soil 6 0-4.0 2.4
Total Chromium 3
TP-1 4-5
11/13/2017
59
0.31
TP-2 1.5-2 27
TP-3 2-2.5 66
TP-5 6-7 110
TP-6 1.5-2 46
SB-3 7.5-10 11/20/2017 100
SOIL-1
112117 0-0.5 11/21/2017 54
Soil 1 0-0.5
11/17/2014
35.5
Soil 2 0-1.0 43.3
Soil 3 0-1.5 19.8
Soil 4 0-2.0 25.5
Soil 5 0-3.0 43.9
Soil 6 0-4.0 35.3
Lead Soil 2 0-1.0 11/17/2014 910 400
Manganese Soil 3 0-1.5 11/17/2014 482 380 Soil 6 0-4.0 11/17/2014 401

1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.

2The IHSB’s tabulated generic residential use preliminary remediation goal (“remedial goal”) for arsenic is
0.68 mg/kg. However, the IHSB generic preliminary remediation goal conservatively assumes the presence
of additional soil contaminants that have the same health effects, and factor that into the remediation goals
when appropriate. The North Carolina Brownfields Program is statutorily required to apply standards at
each brownfields site that are only as stringent as necessary to make the site suitable for the uses specified

22042-18/060/Matheson Ave II (DRAFT 20181214)

3
in the Agreement while fully protecting public health and the environment. This Agreement’s arsenic
remedial goal (“screening level”) was developed using site-specific factors through a Human Health Risk
Assessment conducted pursuant to U.S. EPA risk assessment guidance. The site-specific residential
remedial goal for arsenic is 22 mg/kg.
3. Total Chromium standard is the more conservative screening number for hexavalent chromium. The levels are consistent across the Brownfield Property and considered to be naturally occurring
concentrations.
12245784–1

Legal Description
Brownfields Property LOT 1

BEING all that certain tract or parcel of land located within the City of Charlotte, Mecklenburg
County, North Carolina, and fronting on Matheson Avenue between its intersections with
North Tryon Street and the North Carolina Railroad rail corridor, and being more particularly described as follows:

BEGINNING at an existing iron rebar (“Beginning Point”) located at the intersection of the
northerly or northeasterly right-of-way margin of Matheson Avenue, said right-of-way being of
variable width as described in Deed Book 2953 Page 140 of the Mecklenburg County Registry, with the easterly or southeasterly right-of-way margin of an unopened road right-of-way known
as Chick Godley Road, said right-of-way having a width of 40 feet as shown on that certain plat
recorded in Map Book 3 Page 89 of the Mecklenburg County Registry, said existing iron rebar
Beginning Point being also located South 87-53-42 East 57.57 feet from an existing concrete monument (“Commencement Point”) located at the intersection of the northerly or northeasterly right-of-way margin of the said Matheson Avenue with the westerly or northwesterly right-of-
way margin of the said Chick Godley Road, said existing concrete monument Commencement
Point being also located North 88-08-27 East 105.28 feet from an existing iron pipe located on
the southerly or southwesterly right-of-way margin of the said Matheson Avenue, said existing concrete monument Commencement Point having North Carolina State Plane coordinates of Northing = 550,173.99 feet and Easting = 1,458,229.12 feet as based on the Epoch 2010.0000
realization of the North American Horizontal Datum of 1983, said datum having a combined
factor of 0.9998438996 to convert from the ground distances noted herein, and running thence
from said POINT AND PLACE OF BEGINNING along the easterly or southeasterly right-of-way margin of the said Chick Godley Road North 48-06-39 East 360.99 feet to an existing iron rebar; thence along the southerly or southwesterly right-of-way margin of an unopened road
right-of-way known as East 31st Street, said right-of-way having a width of 40 feet as shown on
that certain plat recorded in Map Book 332 Page 219 of the Mecklenburg County Registry, South
46-22-05 East 76.04 feet to a new iron rebar; thence along the following five (5) new lines of the proposed City of Charlotte Tree Protection Area: (1) South 48-43-37 West 85.29 feet to new iron rebar, (2) South 41-16-23 East 30.00 feet to a new iron rebar, (3) South 48-43-37 West 129.36
feet to a new iron rebar, (4) South 03-40-45 West 76.33 feet to a new iron rebar and (5) South
48-40-45 West 110.42 feet to a new iron rebar; thence along the northerly or northeasterly right-
of-way of the aforesaid Matheson Avenue the following two (2) calls: (1) North 34-25-21 West 53.44 feet to an existing concrete monument and (2) North 38-32-44 West 103.04 feet to the point and place of BEGINNING, containing 0.9841 acre, more or less, as shown on a map of
survey prepared by Andrew G. Zoutewelle, North Carolina Professional Land Surveyor No. L-
3098, dated November 16, 2018.

12245784–1

Legal Description
Brownfields Property LOT 2

BEING all that certain tract or parcel of land located within the City of Charlotte, Mecklenburg
County, North Carolina, and fronting on Matheson Avenue between its intersections with
North Tryon Street and the North Carolina Railroad rail corridor, and also abutting the said
North Carolina Railroad corridor, and being more particularly described as follows:
BEGINNING at a new iron rebar (“Beginning Point”) located on the northerly or northeasterly
right-of-way margin of Matheson Avenue, said right-of-way being of variable width as described
in Deed Book 2953 Page 140 of the Mecklenburg County Registry, said new iron rebar
Beginning Point being located at the southerly or southeasterly corner of the proposed City of Charlotte Tree Protection Area, said new iron rebar Beginning Point being also located the
following six (6) calls from an existing concrete monument (“Commencement Point”) located at
the intersection of the northerly or northeasterly right-of-way margin of the said Matheson
Avenue with the westerly or northwesterly right-of-way margin of an unopened road right-of-way known as Chick Godley Road, said right-of-way having a width of 40 feet as shown on that certain plat recorded in Map Book 3 Page 89 of the Mecklenburg County Registry, said existing
concrete monument Commencement Point being also located North 88-08-27 East 105.28 feet
from an existing iron pipe located on the southerly or southwesterly right-of-way margin of the
said Matheson Avenue, said existing concrete monument Commencement Point having North Carolina State Plane coordinates of Northing = 550,173.99 feet and Easting = 1,458,229.12 feet as based on the Epoch 2010.0000 realization of the North American Horizontal Datum of 1983,
said datum having a combined factor of 0.9998438996 to convert from the ground distances
noted herein: (1) South 87-53-42 East 57.57 feet to an existing iron rebar located at the
intersection of the northerly or northeasterly right-of-way margin of the said Matheson Avenue with the easterly or southeasterly right-of-way margin of the said Chick Godley Road, (2) South 38-32-44 East 103.04 feet to an existing concrete monument, (3) South 34-25-21 East 53.44 feet
to a new iron rebar, (4) South 34-25-21 East 100.77 feet to an existing concrete monument, (5)
South 40-12-03 East 51.00 feet to an existing concrete monument and (6) South 30-26-50 East
168.47 feet, and running thence from said POINT AND PLACE OF BEGINNING along the following seven (7) new lines of the proposed City of Charlotte Tree Protection Area: (1) North 33-43-07 East 483.73 feet to a new iron rebar, (2) following along the arc of a circular curve to
the right having a radius of 518.50 feet and an arc length of 323.82 feet (chord bearing North 51-
36-36 East 318.58 feet) to a new iron rebar, (3) North 69-30-05 East 27.06 feet to a new iron
rebar, (4) following along the arc of a circular curve to the right having a radius of 118.50 feet and an arc length of 50.02 feet (chord bearing North 81-35-38 East 49.65 feet) to a new iron rebar, (5) South 86-18-48 East 127.25 feet to a new iron rebar, (6) following along the arc of a
circular curve to the left having a radius of 81.50 feet and an arc length of 44.13 feet (chord
bearing North 78-10-29 East 43.59 feet) to a new iron rebar and (7) North 62-39-46 East 177.27
feet to a point in the center of the track and right-of-way of Norfolk-Southern Railroad, said right-of-way having a width of 100 feet as described in Deed Book 257 Page 83 of the Mecklenburg County Registry; thence following along the centerline of the said Norfolk-
Southern Railroad following along the arc of a circular curve to the right having a radius of
882.96 feet and an arc length of 456.40 feet (chord bearing South 21-59-54 West 451.34 feet) to
a point; thence following along the northwesterly right-of-way margin of the North Carolina
12245784–1

Railroad, said right-of-way having a width of 200 feet as described in Deed Book 112 Page 371 of the Mecklenburg County Registry, and following along the arc of a circular curve to the left
having a radius of 5,829.65 feet and an arc length of 168.33 feet (chord bearing South 59-23-08
West 168.32 feet) to a point; thence along the northwesterly right-of-way margin of the said
Norfolk-Southern Railroad and following along the arc of a circular curve to the left having a
radius of 832.96 feet and an arc length of 157.67 feet (chord bearing North 42-08-15 East 157.44 feet) to a new iron rebar; thence following along the City of Charlotte property as described in
Deed Book 28955 Page 683 and Deed Book 31296 Page 577 both of the Mecklenburg County
Registry the following five (5) calls: (1) South 49-04-01 West 219.81 feet to an existing iron
rebar, (2) South 54-07-12 West 20.44 feet to a point, (3) South 54-07-12 West 20.43 feet to an
existing iron rebar, (4) South 55-44-46 West 70.73 feet to an existing iron rebar and (5) South 49-33-38 West 34.99 feet to an existing iron rebar; thence along the northwesterly right-of-way
margin of the said North Carolina Railroad following along the arc of a circular curve to the left
having a radius of 5,829.65 feet and an arc length of 411.18 feet (chord bearing South 54-27-23
West 411.09 feet) to an existing iron rebar; thence along the northerly or northeasterly right-of-
way margin of the aforesaid Matheson Avenue North 30-26-50 West 183.06 feet to the point and place of BEGINNING, containing 7.3474 acres, more or less, as shown on a map of survey
prepared by Andrew G. Zoutewelle, North Carolina Professional Land Surveyor No. L-3098,
dated November 16, 2018.